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CORN v. KEMP

No. 81-7649.

837 F.2d 1474 (1988)

Charles Thomas CORN, Petitioner-Appellee, v. Ralph KEMP, Warden, Georgia Diagnostic and Classification Center, Respondent-Appellant.

United States Court of Appeals, Eleventh Circuit.

February 5, 1988.

Attorney(s) appearing for the Case

Arthur K. Bolton, Atty. Gen., Robert S. Stubbs, II, Exec. Asst. Atty. Gen., Don A. Langham, First Asst. Atty. Gen., John C. Walden, Sr. Asst. Atty. Gen., Mary Beth Westmoreland, Asst. Atty. Gen., Atlanta, Ga., for respondent-appellant.

Harold A. Miller, III, Decatur, Ga., Brooks S. Franklin, Atlanta, Ga., for petitioner-appellee.

Before HILL, Circuit Judge, HENDERSON and GARZA, Senior Circuit Judges.

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

PER CURIAM:

On May 26, 1976, Charles Thomas Corn was convicted of armed robbery and murder in the Superior Court of Clayton County, Georgia, and was subsequently sentenced to death. Having found that the instructions on intent given to the jury in Corn's trial were unconstitutional, Sandstrom v. Montana, 442 U.S. 510, 99 S.Ct. 2450, 61 L.Ed.2d 39 (1979) and Francis...

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